The notion of a system of Celtic law from which all cognisance of
crimes as crimes, all State authority, all power of enforcement was
absent, which had no sanction except public opinion exercised through
boycotting, is borrowed from Sir Henry Maine's "Early History of
Institutions." Sir Henry Maine, however eminent his authority,
acquired this notion from an inspection of a portion of the Ancient
Laws of Ireland. The sort of judicature which he happened to find
there was that which was administered by the Irish _brehons_ in courts
of arbitration. Mr. Orpen shows familiarity with a much wider range of
Irish literature in English translations. When he wrote his history,
in which he claims expressly for himself the title of historian, he
knew certain things, but the necessities of the case compelled him to
forget he knew them. He knew quite well that the ancient literature in
general ascribes the judicial function to every Irish king, the head
of every Irish state, great or small. He knew that a hundred and a
hundred times the good king is said to be a just judge, and the unjust
judge is said to be a bad king. But when he assumes the _rôle_ of
historian, he puts the microscope to the blind eye, and, though he
knows the facts are before it, he is unable to see and describe them.
In the very chapter which contains his indictment of Irish law, he
quotes Standish Hayes O'Grady's fine collection of pieces of Irish
medieval literature, the _Silva Gadelica_. I observe that his footnote
refers the reader to the Irish text, not to the English translation,
and the reader may conclude, if it please him, that Mr. Orpen is most
at his ease among Irish originals. Since most of those for whom Mr.
Orpen's work is intended are not familiar readers of Middle Irish, I
would refer them to the volume of the English translations, where they
will be able to understand and verify. On page 288 we find how Cormac,
a stripling, came to Tara, where in his father's house the usurper
MacCon held rule. When he arrived in the royal house, a lawsuit was
in progress. The story proceeds thus:
"There was in Tara a she-hospitaller, Bennaid, whose roaming sheep
came and ate up the queen's crop of woad. The case was referred to
Lughaidh [MacCon the king] for judgment, and his award was: the queen
to have the sheep in lieu of the woad. 'Nay,' Cormac said, 'the
shearing of the sheep is a sufficient offset to the cropping of the
woad; for both the one and the other will grow again.' 'That is the
true judgment,' all exclaimed: 'a very prince's son it is that has
pronounced it!' ... MacCon's rule in sooth was not good: the men of
Ireland warned him off therefore and bestowed it on Cormac."
Public-domain text, read in full here on John Shaqi.
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